Posts

Patents - Neurim Pharmaceuticals v Mylan

Image
Jane Lambert

Patents Court (Mr Justice Msrcus Smith) Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2020] EWHC 1362 (Pat) (3 June 2020)

This was an application by Neurim Pharmaceuticals (1991) Ltd. ("Neurim"), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. ("Flynn") the proprietor's exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent.  The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.

The Dispute
The claimants manufactured and distributed a product called "Circadin" which is protected by the patent. Mylan has obtained marketing authorization for a generic version of Circadin and cleared one of the obstacles to the launch of its product by obtaining the revocation of the patent in the Euro…

Patents - Teva UK Ltd v Chiesi Farmaceutici SpA

Image
Jane Lambert

Patents Court (Mr Justice Birss)Teva UK Ltd v Chiesi Farmaceutici SpA[2020] EWHC 1311 (Pat) (2 June 2020)

This was an application by the claimant, Teva UK Ltd ("Teva") to strike out or stay a counterclaim by the defendant, Chiesi Farmaceutici SpA ("Chiesi") for an injunction to restrain the infringement of certain patents that Teva had sought to revoke. Teva argued that the counterclaim had no real prospect of success because there was no evidence that Teva threatened or intended to infringe any of the patents in suit.  Alternatively, Teva argued that the counterclaim should be stayed on the ground that the disclosure of a product description for the purpose of the litigation would mount to a concerted practice within the meaning of art 101 of the Treaty on the Functioning of the European Union ("TFEU") and/or s,2 of the Competition Act 1998.  The action and counterclaim are listed for trial in October 2020.
The Application The strikeout applic…

Malicious Falsehood - Resistant Building Products Ltd v National House Builders' Council

Image
Jane Lambert

Chancery Division, Northern Ireland (HH Judge McFarland) Resistant Building Products Ltd v National House Builders' Council[2020] NICh 6 (27 April 2020)

This was an application by the plaintiff, Resistant Building Products Ltd. ("RBP"), for an interim injunction to restrain the defendant, National House Builders Council ("NHBC") until trialor further orderfrom using, publishing, communicating or disclosing to any other person any information relating to RBP's magnesium oxide boards ("MgO boards") which suggests or tends to suggest that accreditation has been withdrawn, and any guidance relating to RBP's MgO boards which suggests or tends to suggest that accreditation has been withdrawn.

The Dispute
RBP manufactures and distributes MgO boards. MgO boards are used for covering or sheathing of walls and ceilings. Inside a building, they can perform a role similar to gypsum-based 'plasterboard'.  They can also be used inside cav…

UK Patent Applications

Image
Standard YouTube Licence

Jane Lambert

The World Intellectual Property Organization ("WIPO"), European Patent Office ("EPO") and the Intellectual Property Office ("IPO") have all published statistics on patenting activity in 2019.  According to the IPO's Facts and figures: Patent, trade mark, design and hearing data: 2019, the IPO received 19,250 patent applications in 2019 which was down from 20,931 the previous year.  Just over 12,000 of those applications came from the UK compared to 12,843 the previous year.  However, there was a welcome 6.9% increase in the number of applications for European patents (6,156 in 2029 compared to 5,761 in 2018 (see European patent applications).  There was also modest growth in the number of international patent applications from the UK (5,786 in 2019 compared to 5,634 the year before (see Annex 1: International patent applications by origin (PCT System))).

The modest increase in the number of international and Europe…

Patents - Rockwool International A/S v Knauf Insulation Ltd.

Image
Jane Lambert

Patents Court (Mr Justice Marcus Smith) Rockwool International A/S v Knauf Insulation Ltd [2020] EWHC 1068 (Pat) (7 May 2020

This was an appeal from the refusal of the hearing officer, Mr Huw Jones,  to revoke British patents GB2451719 ("719") and GB2496951("951") (see Rockwool International A/S and Knauf Insulation LimitedBL 0/291/19 28 May 2019).

The Patents
The patents concern materials for holding mineral wool in place to form thermal insulation for buildings known as "binders".  Those patents had been granted to Knauf Insulation Ltd. ("Knauf").

The abstract of 719 was as follows:

"A substantially formaldehyde-free binder solutions having a pH greater than 6, comprising a carbohydrate, an acid precursor derivable from an inorganic salt and a nitrogen source. Typically, the carbohydrate is a reducing sugar, especially dextrose. The acid precursor may comprise a species selected from sulphates, phosphates and nitrates and may …

Practice - Mail's Strikeout Application

Image
Jane Lambert

Chancery Division (Mr Justice Warby)  Duchess of Sussex v Associated Newspapers Ltd (Rev 1) [2020] EWHC 1058 (Ch) (1 May 2020)

This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation.  The complaint arises from the newspaper's publication of a letter from the duchess to her father on 10 Feb 2019.

Nature of the Application
It is important to understand from the outset that this was a procedural application and that no decision has been made on the merits of the Duchess of Sussex's claim against the publisher.

In common law countries such as England, it is for the parties rather than the court to determine the issues…

Trade marks - Sky v Skykick, The Final Chapter

Image
Jane Lambert
Chancery Division (Lord Justice Arnold) Sky Plc and others v Skykick UK Ltd and another [2020] EWHC 990 (Ch) (29 April 2020)

On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. ("Sky") issued proceedings against Skykick UK Ltd and Skykick Inc.("Skykick") for infringement of their EU and UK trade marks and passing off.  Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith.

The Proceedings
The action and counterclaim came on for trial before Mr Justice Arnold as he then was.  InSky Plc and others v Skykick UK Ltd and another [2018] EWHC 155 (Ch), [2018] ETMR 23, [2018] RPC 5 the learned judge dismissed the claim for passing off but took the view that the trade marks would be infringed if they were valid.  He said a…